Amherst, N.Y., Code of Ordinances ch. 151 (eCode360 ed. 2026) § 151-51
Conditions and modifications of approval
Operative Text
A. Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this article, the code official shall have the authority to grant modifications for individual cases, provided that the code official shall first find that special individual reason makes the strict letter of this article impractical and the modification is in compliance with the intent and purpose of this article and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. B. Alternative materials, methods and equipment. The provisions of this article are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this article, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this article and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this article in quality, strength, effectiveness, fire resistance, durability and safety. C. Required testing. Whenever there is insufficient evidence of compliance with the provisions of this article, or evidence that a material or method does not conform to the requirements of this article, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests as evidence of compliance to be made at no expense to the Town of Amherst. (1) Test methods. Test methods shall be as specified in this article or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall approve the testing procedures. (2) Testing agency. All tests shall be performed by an approved agency. (3) Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. D. Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements have been reconditioned and tested when necessary, placed in good and proper working condition and approved.
Section 151-51 of Amherst, N.Y., Code of Ordinances ch. 151 establishes a framework under which the code official may grant flexibility in applying the article's requirements. When strict compliance is impractical for a specific case, a modification may be approved as long as it honors the article's intent and does not reduce health, life, or fire safety standards. The provision also allows alternative materials or construction methods if they are found to be at least equivalent in quality, safety, and durability to what the article prescribes. Additionally, the code official may require independent testing to verify compliance, and any materials or equipment being reused must be reconditioned, tested as needed, and approved before use.
Plain English — not legal advice.
Property owners and managers operating under ch. 151 § 151-51 in Amherst, N.Y., generally document any request for a modification or alternative material in writing and submit it to the code official for review before proceeding with work. Compliant operators ensure that any alternative materials or methods they propose can demonstrate equivalency in safety, strength, and durability to the article's standard requirements. When the code official requires testing under § 151-51(C), operators arrange for that testing through an approved agency at their own expense, and they ensure that any reused materials or equipment have been properly reconditioned and approved prior to installation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties subject to Amherst, N.Y., Code of Ordinances ch. 151 § 151-51 should be aware that this provision is designed to ensure that any flexibility granted to property owners—whether through modifications, alternative materials, or equipment reuse—cannot reduce the health, life, or fire safety protections that apply to their homes. If a tenant has concerns that work was performed using unapproved materials or methods, or that reused equipment was not properly reconditioned, § 151-51 provides a basis for raising those concerns with the Amherst code enforcement department. Tenants may also consider consulting a tenant-rights organization to understand what documentation or records the department is required to retain and how to access them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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